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FABULA v. BUCK

No. 79-1011.

598 F.2d 869 (1979)

Julia FABULA, Individually and on behalf of all others similarly situated and Anna Arnold, by her Guardian, Mami Younger, and Mary M. Burns, Laura H. Maggitti, Appellants, v. Charles R. BUCK, Jr., in his capacity as Secretary of the Department of Health and Mental Hygiene, State of Maryland, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 21, 1979.

Attorney(s) appearing for the Case

Anne K. Pecora, Baltimore, Md., Legal Services to the Elderly, Waxter Center for Senior Citizens, James J. Lyko, Baltimore, Md. (Dennis M. Sweeney, Baltimore, Md., Administrative Law Center, Legal Aid Bureau, Inc., on brief), for appellants.

Stephen J. Sfekas, Asst. Atty. Gen., Baltimore, Md. (Stephen H. Sachs, Atty. Gen., Baltimore, Md., on brief), for appellee.

Before WINTER and HALL, Circuit Judges, and YOUNG, District Judge.

K. K. HALL, Circuit Judge:

Plaintiffs in this class action represent aged, blind, or disabled Maryland residents who are considered "medically needy" because their incomes, while high enough to make them ineligible for Supplemental Security Income [SSI] benefits,1 are insufficient to meet the costs of necessary medical services. They challenge a state regulation, applicable to them but not to SSI recipients, under which they were denied...

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